Miami Federal RICO Lawyer

Miami Federal RICO Attorney

Federal charges under the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as RICO, are a serious matter. A conviction under RICO can lead to lengthy prison sentences, heavy fines, and asset forfeiture. If you are facing these charges, you can rely on the services of a Miami federal RICO lawyer to defend you. A criminal conviction extends beyond the criminal justice system and could impact your employment, residence, and more.

At Kirlew Law Firm, PLLC, our team provides critical defense by challenging the evidence, questioning alleged ties to organized crime, and working to reduce or dismiss charges. We have the experience and resources needed to build a strong defense against these complex charges, and we are dedicated to protecting your rights throughout the process. Our team understands the complexity of these types of cases and can build a defense that fits your circumstances.

What Are RICO Charges?

The Racketeer Influenced and Corrupt Organizations (RICO) Act was enacted in 1970. The federal law is aimed at combating organized crime. Under the law, prosecutors can charge individuals who are involved in a pattern of racketeering activities connected to an enterprise.

Racketeering activities encompass a wide range of criminal offenses, including:

• Bribery
• Fraud
• Money laundering
• Drug trafficking
• Extortion
• Kidnapping
• Obstruction of justice

To establish a RICO violation, prosecutors must demonstrate that the defendant committed at least two acts of racketeering within a 10-year period. Penalties for RICO convictions are severe. Individuals may face up to 20 years in federal prison per racketeering count with the possibility of a life sentence if the underlying crime warrants it.

Anyone convicted under the law is subject to forfeiture of any assets derived from or used in the commission of the criminal enterprise. The courts may also levy heavy fines upon conviction. Even after a defendant served their time, having a criminal record can make finding gainful employment extremely difficult.

Common Defense Strategies to Fight RICO Charges

Criminal defense strategies for RICO charges require a strategic approach that focuses on poking holes in the prosecution’s case. This can be done by undermining the evidence used by the prosecution and challenging key elements of the RICO Act. The defense often scrutinizes the government’s reliance on circumstantial evidence, questioning its validity and relevance. Even a small gap in the prosecution’s evidence can create doubt.

One potential defense strategy could involve questioning the pattern of racketeering activity required for a RICO conviction. This means the defense could argue that the alleged acts were isolated incidents, not a continuous criminal pattern, thereby failing the RICO criteria.

The defense could also argue that their client did not intend to commit a criminal act. Proving intent is critical for a RICO conviction, and demonstrating a lack of awareness of the alleged organization’s criminal activities can weaken the prosecution’s case.

Another strategy is to challenge the enterprise element by arguing that the government has not proven an ongoing structured organization as required under RICO. Without a clear link between the defendant and a criminal enterprise, the prosecution may struggle to secure a conviction.

Our team provides you with the defense strategy that works for your case. We know that no two cases are alike and defending them shouldn’t involve a blanketed defense strategy. With our knowledge and experience, we work towards reaching an acquittal, a reduction of charges, or an outright dismissal. The consequences of a conviction can be life altering. We put the needs of our clients first.

FAQs

Q: Can You Beat a Federal RICO Case?

A: It is possible to beat a federal RICO case, but it requires a strong defense strategy. Success often depends on challenging the evidence, witness credibility, or proving lack of intent or involvement in the alleged criminal enterprise. Skilled legal representation is crucial in navigating the complexities of a RICO case.

Q: Has Anyone Ever Beaten a RICO Charge?

A: Defendants have successfully beaten RICO charges by proving insufficient evidence, lack of participation in organized crime, or by reaching favorable plea deals. A strong defense can involve challenging the prosecution’s ability to link the defendant to an organized criminal enterprise. Beating a RICO charge is challenging, but it is achievable with a robust defense and experienced legal representation.

Q: What Is the Minimum Sentence for a RICO Charge?

A: The minimum sentence for a federal RICO conviction can be substantial, often involving years in prison. Sentencing depends on the underlying crimes and circumstances, but defendants often face extended prison terms, significant fines, and forfeiture of assets. Additionally, the prosecution must prove a pattern of racketeering activity, which can heavily influence sentencing severity.

Q: How Serious Is a RICO Charge?

A: A RICO charge is extremely serious because it targets organized crime and carries severe penalties. Conviction can result in lengthy prison sentences, large fines, and asset forfeiture. The RICO Act’s broad scope makes defending these cases complex. A conviction for this type of crime would permanently connect your reputation to organized crime, making future employment prospects bleak.

Q: Can Any Attorney Represent Me in Federal Court?

A: Any licensed criminal defense attorney can represent you in federal court if they are admitted to practice in that specific federal jurisdiction. However, federal courts operate differently than Florida’s criminal courts, so you should consider hiring an attorney who brings years of experience representing clients in federal court. You should seek the counsel of an attorney with experience in federal courts who can navigate the unique legal system.

Miami Federal RICO Lawyer

Any federal criminal charge is serious, and RICO charges are no exception. Prosecutors pour considerable resources into RICO cases, and defendants should seek robust and experienced legal representation to fight the charges in court. RICO charges are unique and complex. Not all law firms have experience defending clients in federal court against these types of criminal charges. The Kirlew Law Firm, PLLC, can work systematically to challenge the prosecution’s case. By questioning the evidence used against you, our law firm can counter the narrative being pushed by the prosecution. To schedule your consultation, contact our office today.